posted by [identity profile] scruffycritter.livejournal.com at 02:09am on 2009-03-07
IANAL but:

1) People speaking on a public sidewalk have no expectation of privacy. It's a public sidewalk after all.

2) Youre allowed to record the noises that occur within your own home. It's your home, and you do have an expectation of privacy there. You can do with it whatever you like. Someone else invades your privacy, it's still yours to do with. If they are loud enough to be heard inside your apartment it's their own fault if youre rolling tape.

3) If you want to record a conversation you are a party to, it varies from state to state if you need inform the other parties to the conversation (The Maryland Cops tell you that the traffic stop is being recorded, so I suspect there's your answer there).

4) When someone tells you "this conversation may be recorded", it's also permission for you to record it. They can't have it both ways.

5) Surreptitiously recording someone else in a place they do have an expectation of privacy is usually a criminal act. Ambient noise coming in from the outside of your apartment is not one of those places. Heck, you might have to do this if you want to document a noise complaint.

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